Michigan Right to Farm Law, what does it mean?

[angelb]

Thanks Askel. We're fairly confident that we can win this case but just want a lawyer that's familar with the act to back us up. We have gone back and forth quite a bit with the association and it doesn't look like they're going to back down without legal action. In addition, they're trying to charge us with fines for every day we go without getting rid of the chickens and their coop. Nothing says "welcome to the neighborhood" like being served with papers at our housewarming party about the lawsuit!

 

[AskelFarm]

Angelb....yes, find a lawyer and stick it to them! Welcome to 'MY' neighborhood !

 

[Sonoran Silkies]

I do not think that an HOA will be subject to the MRTFA--it is a private contract between each homeowner and the association, not a government entity. While the CC&Rs cannot contradict state or local law, it can be more lenient or more restrictive, depending on phrasing. For instance, if the city were to say that you cannot have more than 5 dogs, the HOA could not legally allow you more; however they COULD legally restrict you to 3. Likewise, if state law says no more than 15% pentalty can be added to late fees, the HOA cannot assign a penalty of 20%, but they could assign a penalty of 12%.

You also cannot argue that the birds are your pets if you are using the MRTFA with the city. If you are not, and city ordinances and code allows them, then you can indeed argue that they are pets (assuming that they are).

 

[shadygrovefarm]

Well, an interesting meeting last night w/ the township!! There was a lot talked about during the open discussion portion of the meeting. Once that was closed and the board members were discussing it and asking me questions, that's when the good info was brought out! One of the new board members is an attorney and brought up the MRTFA and brought it to their attention that he didn't feel they could legally do anything as a township and read them the part of the amendment and the RTFA pre-empting any local ordinance. I also educated them a bit on number of animal units and not being a livestock production facility if under 50 animal units, etc. He also brought up the Papesh case as well as telling them if they haven't contacted the dept. of ag about trying to be able to stop us, then they really can't. It has been handed over to their attorney finally and I gave them a copy of the right to farm act, case law as well as many other documents to give to their attorney. Might get interesting now!! But, at this point, it was brought out that it seems we are protected by the MRTFA and you should have seen the look of disappointment on a few of the faces!!! Perhaps it's time to bring on the media and draw some attention to this case and the township!!

 

[vicki2x2]

Woo Hoo!!

Awesome news!!

 

[AskelFarm]

shadygrove: COOOOL! Finally someone listened. Persistence paid off. Im curious as to where you live in the U.P.? Send me an email [email protected]. It seems that shaking the trees with the proper stick may have worked.

 

[shadygrovefarm]

Quote:
Yes, I think my persistence may have finally grabbed some people's attention! It is great that a board member actually did their homework and realized the state law trumps local laws. Another board member who is against what we are doing had his wife in the crowd asking questions too (he used to be the township supervisor). Little did they know that HER persistence also helped us. She was really prodding into the commercialness of our farm saying that 100 chickens is a bit more than self sustaining and wanted to know what percentage of our eggs were sold commercially and that it would be considered a home business and it's not zoned commercial either. I thanked her for bringing that fact up and that we sold about 90% of our eggs to the local food co-op as well as at the farmers market and that's why the RTFA protects us, because we are commercial in nature. So, we received help from people that are against our environmentally friendly farming operation without them knowing they were helping us. Knowledge is power and they obviously have none pertaining to the laws in this case. Their ignorance is our reward this time! Thank you citizens of Forsyth Township, especially to those that have been supporting us the whole way through! Now, we wait to see what advice the township attorney gives them. I can't imagine they would want to take on a MRTFA case, but who knows. So, we just keep on farming and living until we must "participate in the theatrics" of it all yet again.

 

[Sonoran Silkies]

ROTFL! It is great when the opposition helps you prove your case. Congrats!

 

[eldenbrady]

Those selling off of their farms need to be aware of the new Farm Market GAAMP. http://www.michigan.gov/documents/mda/2010_Farm_Market_GAAMPs_-_Final_305018_7.pdf
Contrary to all the press, it actually restricts (zoning wise) where you can sell off of your farm so please read it rather than just listening to the Michigan Farm Bureau people.

 

[AskelFarm]

Thanks for posting this! As I read it, this is the first Mich has recognized CSA farms under the heading of 'Farmers Markets'. This is good news!


Community Supported Agriculture or CSA is a marketing strategy in which a farm
produces vegetables for a group of farm members or subscribers who pay in advance
for their share of the harvest. Typically the farm members receive their share once a
week, sometimes coming to the farm to pick up their share; other farms deliver to a
central point. In addition to vegetables, CSA shares may include fruit, eggs, flowers,
meats, value-added products, etc.


Being recognized as a legal form of marketing our farms products is a real plus. We have owned and operated a CSA for 6 years now, raising poultry, rabbit, beef, and pork for our shareholders, as well as produce and eggs . This actually makes me a little more comfortable after reading this.

Again, Thanks!